Government Employees Insurance Co. et al v. AMD Chiropractic, P.C. et al

Filing 34

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The court adopts the unopposed Report and Recommendation of Magistrate Judge James Orenstein, dated August 21, 2013, regarding the damages to be awarded to the plaintiffs in this case. As recommended by Judge Orenstein, plaintiffs are awarded judgment in the total amount of $940,758.62 (see order for details). Ordered by Judge Nina Gershon on 9/11/2013. fwd for judgment (Fernandez, Erica)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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GOVERNMENT EMPLOYEES INSURANCE
CO., GEICO INDEMNITY CO., GEICO
GENERAL INSURANCE COMPANY and
GEICO CASUALTY CO.,
Plaintiffs,

ORDER
No. 12-cv-4295 (NG) (JO)

-againstAMD CHIROPRACTIC, P.C., ST. MARKS
CHIROPRACTIC, P.C., DGI
CHIROPRACTIC, P.C., and DANETTE
STEFANELLI, DC,
Defendants.

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GERSHON, United States District Judge:
The court adopts the unopposed Report and Recommendation of Magistrate Judge James
Orenstein, dated August 21, 2013, regarding the damages to be awarded to the plaintiffs in this
case. As recommended by Judge Orenstein, plaintiffs are awarded judgment in the total amount
of$940,758.62, allocated as follows: $170,144.30 in damages, plus $48,559.37 in pre-judgment
interest, jointly and severally against defendants AMD Chiropractic, P.C. and Stefanelli on the
state law claims against them; $60,090.69 in damages, plus $28,740.01 in pre-judgment interest,
jointly and severally against defendants St. Marks Chiropractic, P.C. and Stefanelli on the state
law claims against them; $53,282.89 in damages, plus $12,905.60 in pre-judgment interest,
jointly and severally against defendants DGI Chiropractic, P .C. and Stefanelli on the state law
claims against them; and $850,553.64 against defendant Stefanelli alone on the RICO Act
claims, with credit for the damages awarded on the state claims (for a reduced total of
$567,035.76 for which defendant Stefanelli alone is liable). In addition, the Clerk of Court is

directed to enter a Declaratory Judgment in favor of the plaintiffs that they are not obligated to
pay any outstanding claims, i.e., pending unpaid bills, that have been submitted to GEICO by the
three corporate defendants.
The Clerk is directed to enter judgment accordingly.

SO ORDERED.
A.

'

JA

s/Nina Gershon
NINA GERSHON
United States District Judge

Dated: September / ( , 2013
Brooklyn, New York

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